Memo

An act to amend the state technology law, in relation to sending notices, bills and other communications by electronic means in a city with a population of one million or more

PURPOSE:

This bill adds a new Section 310 to Article 3 of the State Technology Law (the "Electronic Signatures and Records Act") to authorize an agency in a ,city with a population of one million or more to send notices, bills and other communications by electronic means to any person who has authorized it to do so. Any law that requires the mailing of a notice, bill or other communication will be deemed to include electronic transmittal to a person who has authorized such transmission. Electronic transmittal will have the same force and effect as any notice, bill or other communication sent by mail. In addition, with respect to a person who has authorized electronic transmittal, references in any law to the "last known address" of a person shall be deemed to refer to the person's last known electronic mailing address.

REASONS FOR SUPPORT:

Authorizing New York City to transmit communications electronically to those who choose to receive them by this means would bring government communications into alignment with what is now common practice in commerce. Pursuant to this bill, electronic transmittal of notices, bills and communications would only be made to those who opt in. By authorizing transmittal of notices, bills and communications electronically in lieu of mail, this bill would permit the City to reduce significantly its expenditures on mail.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
4779
2011-2012 Regular Sessions
IN SENATE
April 25, 2011
___________

Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the state technology law, in relation to sending
notices, bills and other communications by electronic means in a city
with a population of one million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state technology law is amended by adding a new section
310 to read as follows:
S 310. ELECTRONIC NOTICING. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ARTICLE OR ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, ANY
AGENCY OF A CITY WITH A POPULATION OF ONE MILLION OR MORE MAY SEND ANY
NOTICE, BILL OR OTHER COMMUNICATION BY ELECTRONIC MEANS IF THE PERSON TO
WHOM THE NOTICE, BILL OR OTHER COMMUNICATION IS TO BE SENT HAS AUTHOR-
IZED THE AGENCY TO SEND SUCH NOTICES, BILLS AND/OR OTHER COMMUNICATIONS
BY ELECTRONIC MEANS.
2. IN ANY LAW, RULE OR REGULATION THAT REQUIRES OR AUTHORIZES A
NOTICE, BILL OR OTHER COMMUNICATION TO BE MAILED, THE REFERENCE TO MAIL
SHALL BE DEEMED TO INCLUDE ELECTRONIC TRANSMITTAL OF SUCH NOTICE, BILL
OR OTHER COMMUNICATION TO ANY PERSON WHO HAS AUTHORIZED THE AGENCY TO
SEND NOTICES, BILLS AND/OR OTHER COMMUNICATIONS BY ELECTRONIC MEANS
PURSUANT TO THIS SECTION, AND ANY NOTICE, BILL OR OTHER COMMUNICATION
SENT BY ELECTRONIC MEANS TO SUCH A PERSON SHALL HAVE THE SAME FORCE AND
EFFECT AS ANY NOTICE, BILL OR OTHER COMMUNICATION SENT BY MAIL.
3. IN ANY LAW, RULE OR REGULATION THAT REQUIRES OR AUTHORIZES A
NOTICE, BILL OR OTHER COMMUNICATION TO BE SENT, A REFERENCE TO THE LAST
KNOWN ADDRESS SHALL BE DEEMED TO REFER TO THE LAST KNOWN ELECTRONIC
MAILING ADDRESS OF ANY PERSON WHO HAS AUTHORIZED THE AGENCY RESPONSIBLE
FOR SENDING THE NOTICE, BILL OR OTHER COMMUNICATION TO SEND NOTICES,

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10861-01-1

S. 4779 2

BILLS AND/OR OTHER COMMUNICATIONS BY ELECTRONIC MEANS PURSUANT TO THIS
SECTION.
4. ANY LAW, RULE OR REGULATION THAT, AS OF THE EFFECTIVE DATE OF THIS
SECTION, AUTHORIZES AN AGENCY TO SEND BILLS, NOTICES OR OTHER COMMUNI-
CATIONS BY ELECTRONIC MEANS SHALL NOT BE AFFECTED BY THIS SECTION.
S 2. This act shall take effect immediately.

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